Even after being in a vulnerable state and getting no help from the police station, Bhanwari devi

didn't lose hope and decided to fight back and filed a case in the Trial Court. Her medical test
was again done but didn't fetch enough evidence as it was done after fifty- two hours and did
not mention any commission of rape. And because of the delay in the procedure in the initial
stage, there was no sufficient evidence and as a result, the culprits were acquitted by the court.
However, after this judgement, many activists, NGO's and organisations came together and
started revolting against the decision of the court and later filed a PIL together in Supreme
Court which was later given the name of one of the NGO's, Vishakha and the case was called
Vishakha vs State of Rajasthan. The PIL was then converted into writ mandamus by the court.
The issues discussed in the court were,
Does Sexual Harassment at workplace infringe the Right of Gender Equality and Right to life and
liberty?
Whether the court will consider and apply international laws in absence of appropriate
measures?
Whether the employer has any liability when sexual harassment is done to/by his employees?
Even the respondent in the case supported the petitioner's arguments and provided assistance
to the Hon'ble Supreme court to find measures to curb sexual harassment and also helped in
structuring the guidelines. Even Fali S. Nariman- amicus curiae of the Hon'ble court along with
Ms. Naina Kapur and Ms. Meenakshi assisted the Hon'ble court in this case. After hearing all the
arguments, the final judgment was passed on 13th August 1997 by the Hon'ble bench
consisting, Chief Justice J.S. Verma, Justice Sujata V. Manohar and Justice B.N. Kirpal. In the
judgement the court acknowledged the lack of law to prevent Sexual Harassment at Workplace
and provide safe working environment for women. Section 354 and 354A of IPC were referred
in any sexual harassment case but the court realized that it was not sufficient and specific
enough for the case in hand and this realisation made the Hon'ble court feel the need to make
effective provisions that would deal with sexual harassment. The Hon'ble court then took
reference from the international convention to proceed with the case from the Beijing
Statement of Principles on the independence of the judiciary in the LAWASIA region, to function
as a guardian of citizens right and make laws independently in absence of any legislative
framework. The Hon'ble court also took reference from the provisions of Convention on the
Elimination of All Forms of Discrimination against Women(CEDAW)
They were -
Article 11 (1) (a) & (f)- which states that the State takes all appropriate measures to eliminate
discrimination against women in the field of employment.
Article 24- which states that the State shall undertake to adopt all necessary measures at the
national level aimed at achieving the full realization.
The Hon'ble court used these references to frame guidelines to prevent Sexual Harassment at
Workplace and named it Vishakha Guidelines which were to be treated as law declared under
Article 141 of the Indian Constitution. These guidelines were then used as the foundation after
16 years for The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013. The judgement in the Vishakha case showcases the true spirit of Judicial
Activism. However, Bhanwari Devi who sparked the need for appropriate legislation for Sexual
Harassment at Workplace has not yet served justice even after waiting for more than two
decades.